New UKBA Requirements for Settlement and Naturalisation

[robbie bobby]

Rory, the so-called 'new rules' were implemented 9th July 2012

Anyone being granted visa leading to settlement after that date will be following a basic 5 year immigration journey.

If your wife arrived December 2012 under old rules she will have an initial visa to remain here which has a vaidity of 33 months.
Shortly before the first period of 30 months living in UK has been reached she should then apply for a further period of 30 months under FLR(M)

Shortly before the 60 month (5 year) qualifying period ends she will be eligible to apply for ILR
Taking December 2012 as the base, she will be looking to apply for ILR sometime November 2017

Hi Terpe so this 5 year immigration journey...what does it comprise of now then?will the visa be valid for 33 months like old way or is it a 5 yr visa??what are the new challenges and what are the checkpoints so to speak on this basic 5 year immigration journey??

[Terpe]

Well the shifting sands of uk immigration rules,more stress and expense for all involved,makes you wonder whats coming next.I really feel for those still coming through or thinking of applying,for sure it seems that fees are only going to go up.
The irony is that we actually need more immigration,much more due to the ageing population,the day may come when we offer incentives for people to settle here.

We may be fortunate as Rose arrived here 3 years ago on october 19th.She only just got her ILR last month so we hope it will be ok to apply for the naturalisation in october before the new requirement comes in.

It looks like you'll be fine with the dates.
Be very careful and resist any temptation to apply early. There's a very key and important pass/fail requirement around the timing issue and UKBA caseworkers have no discretion at all.

Here's the spouse requirement:-

The residential qualifying period will be worked out from the day we receive your application. Most unsuccessful applications fail because the applicant was not present in the United Kingdom at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we received your application on 25 November 2005, you would have to show that you were in the United Kingdom on 26 November 2002.

[Terpe]

Hi Terpe so this 5 year immigration journey...what does it comprise of now then?will the visa be valid for 33 months like old way or is it a 5 yr visa??what are the new challenges and what are the checkpoints so to speak on this basic 5 year immigration journey??

I'm not sure I understand.
The post you quoted was my explanation to Rory about the current immigration rules.
There is no 5 year visa, just a 5 year qualifying period for ILR eligibility.

Hope that helps

[robbie bobby]

sorry man.i thought they maybe changed the rules again.so my wifes visa will be the same under the new rules?will it still be valid for 33 months in initially?

[John.C]

I have been looking at the website of a Language College who offer the B1 test and they seem to be talking about a Language course.
Maybe that is for people who have no English at all but it would be good to hear from someone who has any idea of what is really involved for someone who has been here for a few years, and has good English (maybe not 100% perfect English...).
If they just need to pay the fee and then turn up on the date to take an exam, then although this new hurdle is annoying I guess we can live with that.

Please post if you have any idea about this test!

[Terpe]

sorry man.i thought they maybe changed the rules again.so my wifes visa will be the same under the new rules?will it still be valid for 33 months in initially?

Yes 33 months validity, but application for the next FLR(M) can be made 28 days (earliest) before 30 months anniversary of living here. Then that further leave is valid for another 30 months.

[Terpe]

I have been looking at the website of a Language College who offer the B1 test and they seem to be talking about a Language course.
Maybe that is for people who have no English at all but it would be good to hear from someone who has any idea of what is really involved for someone who has been here for a few years, and has good English (maybe not 100% perfect English...).
If they just need to pay the fee and then turn up on the date to take an exam, then although this new hurdle is annoying I guess we can live with that.

Please post if you have any idea about this test!

John, I'm not sure how much you know about these UKBA Visa requirements for English Language so forgive me if I get too basic.

The test requires B1 level of competency for Speaking and Listening.
Usually folks are just booking a test and taking it without going through a language course, but each to their own needs.

UKBA have a specified approved listing of Tests and Test Providers here.
The certificate must be awarded by a UKBA authorised source in that listing.
Check my opening post #1 for the links

[John.C]

.

The test requires B1 level of competency for Speaking and Listening.
Usually folks are just booking a test and taking it without going through a language course, but each to their own needs.

That is what I was hoping. My friend has "good" spoken and written English after being here for several years. Just occasionally she will mention her male boss and refer to him as "She" and I then correct her. I regard these as minor language difficulties. I have now seen some test questions for level B1 which look very easy.
So I will stop worrying!

[Terpe]

That is what I was hoping. My friend has "good" spoken and written English after being here for several years. Just occasionally she will mention her male boss and refer to him as "She" and I then correct her. I regard these as minor language difficulties. I have now seen some test questions for level B1 which look very easy.
So I will stop worrying!

My wife is always mixing 'he' and 'she'

Confuses the hell out of me sometimes

[belle29]

Hi guys it is confusing now lol, Is this affected me aswell,?, I been marriage 10 years to a British citizen and been together more than 4 years outside UK before I apply for my settlement visa back in November 2010 and in my settlement visa says KOL REQUIRED and so I only take the Life in the Uk test and passed it. Then I have apply for the ILR and receive the result after 8 weeks. My question is do I still need to take the knowledge of English as well when I apply for British citizen next year? thanks in advance guys x

[Terpe]

Hi guys it is confusing now lol, Is this affected me aswell,?, I been marriage 10 years to a British citizen and been together more than 4 years outside UK before I apply for my settlement visa back in November 2010 and in my settlement visa says KOL REQUIRED and so I only take the Life in the Uk test and passed it. Then I have apply for the ILR and receive the result after 8 weeks. My question is do I still need to take the knowledge of English as well when I apply for British citizen next year? thanks in advance guys x

Everyone who applies for Naturalisation on or after 28 October 2013 will need to have:-

1. A Life in UK Test (if a pass is already held then it will not need to be retaken)
2. A pass certificate for English Language speaking and listening at B1 level or higher

For you it means YES you will need that level B1 pass certificate for English Language speaking and listening.

[belle29]

Everyone who applies for Naturalisation on or after 28 October 2013 will need to have:-

1. A Life in UK Test (if a pass is already held then it will not need to be retaken)
2. A pass certificate for English Language speaking and listening at B1 level or higher

For you it means YES you will need that level B1 pass certificate for English Language speaking and listening.

Thanks Terpe but OMG here we go again for something !?! lol x

[Josieyam65]

Anyone who applies for Naturalisation on or after 28 October 2013 will need to have:-

1. A Life in UK Test (if a pass is already held then it will not need to be retaken)
2. A pass certificate for English Language speaking and listening at B1 level or higher

Hello Sir Terpe,

I just want to ask about this B1 level English test. I took my A1 level English test before i came to the UK. My results are B1 for Listening, B1 for Reading, B2 for speaking and B1 for Writing. My question is, do i still need to take that B1 English test when i apply for British Citizenship?

Thank you very much in advance..

[Terpe]

Hello Sir Terpe,

I just want to ask about this B1 level English test. I took my A1 level English test before i came to the UK. My results are B1 for Listening, B1 for Reading, B2 for speaking and B1 for Writing. My question is, do i still need to take that B1 English test when i apply for British Citizenship?

Thank you very much in advance..

If your English Language pass certificate states level B1 (or equivalent score) and.... your certificate is still valid (many certificates expire after 2 years) then you'll be fine with the one you have.
Which English Language test did you take?
If it's IELTS then your certificate might expire (or already be expired) before you're eligible for British Citizenship.
Better to check that so you can be prepared.

[raynaputi]

Hello Sir Terpe,

I just want to ask about this B1 level English test. I took my A1 level English test before i came to the UK. My results are B1 for Listening, B1 for Reading, B2 for speaking and B1 for Writing. My question is, do i still need to take that B1 English test when i apply for British Citizenship?

Thank you very much in advance..

If the certificate you have is still valid (or not past expiration date) by the time you apply for the ILR, then you don't need to retake your English test. Otherwise, you have to retake.

[Josieyam65]

Thanks, raynaputi.

I can't see any expiry date or validity date in the certificate. Its only the exam date. Does that mean its still valid?

Thanks again

[raynaputi]

Thanks, raynaputi.

I can't see any expiry date or validity date in the certificate. Its only the exam date. Does that mean its still valid?

Thanks again

What test did you take? If it was IELTS or TOEIC, then it would be expired since validity would only last for 2 years. Please check with your test provider to verify.

[Josieyam65]

I took the A1 level English test before i came here.

[jamesy]

hi guys i think everybodys getting a bit mixed up here regarding ilr and settlement ,also known as naturlisation, iv just studied the new rules from the ukba which come in to effect in october ,what i can make of all this is those appliying for i.l.r between now 27th of april and before the stated date in october ,must have one pass certificate of the life in the uk, whether it was obtained through the old test rules which ended in march this year ,or obtained by the new life in the uk test which started in late march this year ,indefinete leave to remain is settlement or also known as naturalisation, so if you submit your ilr visa application form now or just before the stated date in october when the requirements change ,then as far as i can see ,you dont have to sit another test, on the other hand ,as far as i can interpitate it ,if you submitt an application for i.l.r after the date in october then you must produce 2 pass certificates life in the uk and a pass at level b1 ,please double check the new rules as i may be wrong

[raynaputi]

I took the A1 level English test before i came here.

Which test provider? Because you need to ask them if your test certificate has expiration or not. And if the test provider you took the test from is not included in the accredited list now, you might need to do a retake.

[Terpe]

I took the A1 level English test before i came here.

Sorry to interrupt here, but ALL the tests on the UKBA approved list are at least A1 level.
But which specific test did you take?
Please take a look at your certificate.

[Terpe]

I don't think everyone is getting mixed up.
I think folks are just asking for clarification on the latest changes and how they may impact their planning for future ILR and Naturalisation applications.

hi guys i think everybodys getting a bit mixed up here regarding ilr and settlement ,also known as naturlisation

No jamesy, that's not correct.
ILR is Indefinite Leave to Remain. Also known as settlement or settled status.
Provided the holder does not leave UK for 2 years. or more. In which case the ILR is no longer valid.

ILR is not Naturalisation.
Naturalisation the process of applying for and securing British Citizenship.

Don't forget there are very strict rules on when you may or may not apply for ILR or Naturalisation.
Often folks also need some clarification on the differences between eligibility for application and the expiry of their individual visa.

Then there is the additional complication of whether existing English Language test results already meet the new B1 requirement already or not. Plus whether the English Language test certificate is still valid or not.

So it's easy to see why folks may need clarification.

Hope that clarifies.

[Josieyam65]

Sorry to interrupt here, but ALL the tests on the UKBA approved list are at least A1 level.
But which specific test did you take?
Please take a look at your certificate.

Hello Sir Terpe,

My certificate says...

This is to certify that _______ has achieved the following level in

English Language Skills Assessment

Subject - CEF
Listening - B1
Reading - B1
Speaking - B2
Writing - B1

Having been examined by EDI

[joebloggs]

Hi guys it is confusing now lol, Is this affected me aswell,?, I been marriage 10 years to a British citizen and been together more than 4 years outside UK before I apply for my settlement visa back in November 2010 and in my settlement visa says KOL REQUIRED and so I only take the Life in the Uk test and passed it. Then I have apply for the ILR and receive the result after 8 weeks. My question is do I still need to take the knowledge of English as well when I apply for British citizen next year? thanks in advance guys x

had you been in the uk before nov 2010 ?

[Terpe]

Hello Sir Terpe,

My certificate says...

This is to certify that _______ has achieved the following level in

English Language Skills Assessment

Subject - CEF
Listening - B1
Reading - B1
Speaking - B2
Writing - B1

Having been examined by EDI

So you test was ELSA. (English Language Skills Assessment)

CEF = Common European Framework
EDI = Education Development International

I believe that ELSA scores may have a validity of 2 years.
I also think that EDI are no longer on the UKBA approved list.

I would strongly suggest you make contact to UKBA to confirm if the ELSA certification from EDI can be used

I'm sorry to say that I have a feeling if it's no longer on the UKBA approved list then it's no longer valid.

[Josieyam65]

Thank you very much, Sir Terpe

I will contact the UKBA near the time

[lordna]

Thank you so much for this information Peter, Don't know what most of us would do without your valuable helpful knowledge, I'm sure you are much appreciated by myself and many other forum members, Thankyou!

I will second that!....Many Thanks Peter

[jamesy]

hi terpe we my wife has 2 certificates one which she passed in may 2011 ita a S.C.Q F. LEVEL 2 english for speakers of other languages,which she needed for her spouse visa back in may 2011, she also passed life in the uk test on march the 7 2013 which were the requirments for her I L R VISA ,,it states on the certificate and i quote "following your test today in knowledge of life in the uk this is to certify that you have reached the level required for the purposes of obtaining i.l.r.under the immigration rules or for naturalisation as a british citizen under section 6 of the british nationality act 19 81.your sucess at this test also demonstrates that your level of competence in english meets the required standard for naturalisation or indefinite leave to remain.no further proof of this is needed .we shall notify the home office electronically about this result but please also submit this letter to them with your application form and fee .so can you please tell me if this means i.l.r and naturalisation are two totally different things and if so does that mean that my wife can use the life in the uk pass certificate twice as in for ilr and citizenship and would she need to submit the s v q certificate aswell and is it the correct certificate or will she have to sit another test , and please can you advise how and when can she apply for citizenship

[raynaputi]

hi terpe we my wife has 2 certificates one which she passed in may 2011 ita a S.C.Q F. LEVEL 2 english for speakers of other languages,which she needed for her spouse visa back in may 2011, she also passed life in the uk test on march the 7 2013 which were the requirments for her I L R VISA ,,it states on the certificate and i quote "following your test today in knowledge of life in the uk this is to certify that you have reached the level required for the purposes of obtaining i.l.r.under the immigration rules or for naturalisation as a british citizen under section 6 of the british nationality act 19 81.your sucess at this test also demonstrates that your level of competence in english meets the required standard for naturalisation or indefinite leave to remain.no further proof of this is needed .we shall notify the home office electronically about this result but please also submit this letter to them with your application form and fee .so can you please tell me if this means i.l.r and naturalisation are two totally different things and if so does that mean that my wife can use the life in the uk pass certificate twice as in for ilr and citizenship and would she need to submit the s v q certificate aswell and is it the correct certificate or will she have to sit another test , and please can you advise how and when can she apply for citizenship

Does her SCQF certificate have an expiration date? If it does and it expires before October 2013, she needs to retake the test. Please check if her test certificate has any expiration or not. I understand that she just submitted her ILR application from your other thread. ILR is different from Naturalisation. ILR is Indefinite Leave to Remain or Settlement visa. Regarding the Life in the UK test, she can use it for both ILR and Naturalisation applications. The passing certificate for Life in the UK doesn't have an expiration.

[jamesy]

The SCQF Certificate only has the date on which my wife sat the test printed on it - which was in May 2011 - there's nothing at all that we can see with an expiry date. So, do we have to submit both Life in the UK Pass Certificate and the SCQF Certificate when she eventually applies for naturalisation?

Thanks for your help.